[Federal Register: February 20, 2004 (Volume 69, Number 34)]
[Rules and Regulations]
[Page 7873-7876]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20fe04-4]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-7625-1]
National Oil and Hazardous Substance Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Direct final notice of deletion of the Wheeler Pit Superfund
Site from the National Priorities List.
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SUMMARY: The Environmental Protection Agency (EPA), Region V is
publishing a direct final notice of deletion of the Wheeler Pit,
Superfund Site (Site), located in Janesville, Wisconsin, from the
National Priorities List (NPL).
The NPL, promulgated pursuant to section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA) of
1980, as amended, is appendix B of 40 CFR part 300, which is the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP).
This direct final deletion is being published by EPA with the
concurrence of the State of Wisconsin, through the Wisconsin Department
of Natural Resources, because EPA has determined that all appropriate
response actions under CERCLA have been completed and, therefore,
further remedial action pursuant to CERCLA is not necessary at this
time.
DATES: This direct final notice of deletion will be effective April 20,
2004 unless EPA receives adverse comments by March 22, 2004. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final notice of deletion in the Federal Register informing the
public that the deletion will not take effect.
ADDRESSES: Comments: Comments may be mailed to: Darryl Owens, Remedial
Project Manager (RPM) at (312) 886-7089, Owens.Darryl@EPA.Gov or Gladys
Beard, State NPL Deletion Process Manager at (312) 886-7253,
Beard.Gladys@EPA.Gov, U.S. EPA Region V, 77 W. Jackson, Chicago, IL
60604, (mail code: SR-6J) or at 1-800-621-8431.
Information Repositories
Comprehensive information about the Site is available for viewing
and copying at the Site information repositories located at: EPA Region
V Library, 77 W. Jackson, Chicago, Il 60604, (312) 353-5821, Monday
through Friday 8 a.m. to 4 p.m.; Hedberg Public Library, 316 S. Main
Street, Janesville, Wisconsin 53545, Monday through Friday 9 a.m. to 9
p.m., Saturday 9 a.m. to 5 p.m. and Sunday 1 p.m to 5 p.m.
FOR FURTHER INFORMATION CONTACT: Darryl Owens, Remedial Project Manager
at (312) 886-7089, Owens.Darryl@EPA.Gov or Gladys Beard, State NPL
Deletion Process Manager at (312) 886-7253, Beard.Gladys@EPA.Gov or 1-
800-621-8431, (SR-6J), U.S. EPA Region V, 77 W. Jackson, Chicago, IL
60604.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action
I. Introduction
EPA Region V is publishing this direct final notice of deletion of
the Wheeler Pit, Superfund Site from the NPL.
The EPA identifies sites that appear to present a significant risk
to public health or the environment and maintains the NPL as the list
of those sites. As described in Sec. 300.425(e)(3) of the NCP, sites
deleted from the NPL remain eligible for remedial actions if conditions
at a deleted site warrant such action.
Because EPA considers this action to be non-controversial and
routine, EPA is taking it without prior publication of a notice of
intent to delete. This action will be effective April 20, 2004 unless
EPA receives adverse comments by March 22, 2004 on this document. If
adverse comments are received within the 30-day public comment period
on this document, EPA will publish a timely withdrawal of this direct
final deletion before the effective date of the deletion and the
deletion will not take effect. EPA will, as appropriate, prepare a
response to comments and continue with the deletion process on the
basis of the notice of intent to delete and the comments already
received. There will be no additional opportunity to comment.
Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses procedures that EPA is using
for this action. Section IV discusses the Wheeler Pit Superfund Site
and demonstrates how it meets the deletion criteria. Section V
discusses EPA's action to delete the Site from the NPL unless adverse
comments are received during the public comment period.
II. NPL Deletion Criteria
Section 300.425(e) of the NCP provides that releases may be deleted
from the NPL where no further response is appropriate. In making a
determination to delete a release from the NPL, EPA shall consider, in
consultation with the State, whether any of the following criteria have
been met:
i. Responsible parties or other persons have implemented all
appropriate response actions required;
ii. all appropriate Fund-financed (Hazardous Substance Superfund
Response Trust Fund) responses under CERCLA have been implemented, and
no further response action by responsible parties is appropriate; or
iii. the remedial investigation has shown that the release poses no
significant threat to public health or the environment and, therefore,
the taking of remedial measures is not appropriate.
Even if a site is deleted from the NPL, where hazardous substances,
pollutants, or contaminants remain at the deleted site above levels
that allow for unlimited use and unrestricted exposure, CERCLA section
121(c), 42 U.S.C. 9621(c), requires that a subsequent review of the
site be conducted at least every five years after the initiation of the
remedial action at the deleted site to ensure that the action remains
protective of public health and the environment. If new information
becomes available which indicates a
[[Page 7874]]
need for further action, EPA may initiate remedial actions. Whenever
there is a significant release from a site deleted from the NPL, the
deleted site may be restored to the NPL without application of the
hazard ranking system.
III. Deletion Procedures
The following procedures apply to deletion of this Site:
(1) The EPA consulted with Wisconsin on the deletion of the Site
from the NPL prior to developing this direct final notice of deletion.
(2) Wisconsin concurred with deletion of the Site from the NPL.
(3) Concurrently with the publication of this direct final notice
of deletion a notice of intent to delete is published today in the
``Proposed Rules'' section of the Federal Register, is being published
in a major local newspaper of general circulation at or near the Site,
and is being distributed to appropriate federal, state, and local
government officials and other interested parties. The newspaper notice
announces the 30-day public comment period concerning the notice of
intent to delete the Site from the NPL.
(4) The EPA placed copies of documents supporting the deletion in
the site information repositories identified above.
(5) If adverse comments are received within the 30-day public
comment period on this document EPA will publish a timely notice of
withdrawal of this direct final notice of deletion before its effective
date and will prepare a response to comments and continue with a
decision on the deletion based on the notice of intent to delete and
the comments already received.
Deletion of a site from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. Deletion of a site from
the NPL does not in any way alter EPA's right to take enforcement
actions, as appropriate. The NPL is designed primarily for
informational purposes and to assist EPA management. Section
300.425(e)(3) of the NCP states that the deletion of a site from the
NPL does not preclude eligibility for future response actions should
future conditions warrant such actions.
IV. Basis for Site Deletion
The following information provides EPA's rationale for deleting
this Site from the NPL:
Site Location
The Site is located in rural La Prairie Township approximately 1\1/
2\ miles east of the City of Janesville, Wisconsin, directly northwest
of the intersection of County Highway O (Old Delevan Road) and County
Highway J. The Site is within a physical depression approximately 50
feet deep and spanning an area of approximately 35 acres, which
previously operated as a sand and gravel pit by the Southeast Railway
Company and the Chicago, Milwaukee, St. Paul, and Pacific Railroad
Company (CMC). In 1956, General Motors Corporation (GM) leased a
portion of the pit area from the railroad for waste disposal. This
portion of the pit area is the Wheeler Pit Superfund Site and is a 3.82
acre parcel in the southeast portion of Wheeler Pit which was used as a
disposal area for industrial wastes for approximately 18 years.
Site History
The Wheeler pit property was purchased in 1900 by the Janesville
and southeastern Railway Company, predecessor in interest to the
Chicago, Milwaukee, St. Paul and Pacific Railroad, which filed for
bankruptcy in the 1970s. Upon completion of the bankruptcy proceedings,
CMC Real Estate Corporation, successor to the Railroad, acquired
ownership of the property on which the site is located. In early 1990,
CMC Real Estate Corporation reformed to become CMC corporation. In the
1990s CMC was the owner of the property on which the site is located.
The Wheeler Pit property was originally bought to provide sand and
gravel for the Railroad. It has been reported that the Railroad also
used Wheeler Pit for refuse disposal.
In, 1956, General Motors Corporation (GM) leased a 3.82 acre
portion of the pit from the Railroad as a general waste disposal site.
From 1956 to 1960, GM disposed of general refuse at the Site. From 1960
through 1974, GM disposed of paint spray booth sludges, residue from
the part hanger stripping system, clarifier sludges and powerhouse coal
ashes from its automobile assembly plant in Janesville. The disposal
site was reported to be approximately 400 feet long, 250 feet wide and
8 feet deep. An estimated 22.3 million gallons of organic and inorganic
sludges were disposed of at the site, as reported by GM to the EPA in
GM's Notification of Hazardous Waste Site form submitted in June 1981.
At the site, waste was disposed of by depositing it within a diked
area and allowing it to spread freely. The material was quite dense, so
that compaction equipment was not used. The waste was deposited in
layers, alternating between layers of sludge and layers of coal ash.
Trucks were then able to drive over the previously filled area. The
dike, which contained the materials, was located on the north and west
sides of the disposal area. In August 1981, some liquid seepage was
noticed on the ground surface outside the disposal area. The Remedial
Investigation (RI) results showed that the ash/waste boundary extended
beyond the original disposal boundary to the north and northwest,
indicating that the waste spilled over the dike to some extent during
the active life of the site.
At the request of La Prairie Township, disposal at the Site was
discontinued in 1974. The disposal area was covered and closed during
the fall of 1974 and summer of 1975 in general accordance with
guidelines provided by the Wisconsin Department of Natural Resources
(WDNR). In a letter dated May 6, 1974, WDNR required that GM implement
a groundwater monitoring program; generate a site topographic map,
stabilize surface water runoff, and grade, cover and re-vegetate the
site.
Groundwater monitoring was performed by GM on an irregular basis
after closure in 1974. In response to concerns concerning potential
groundwater quality impacts related to waste disposal practices at the
site, WDNR and GM sampled on-site monitor wells and certain private
water supply wells in April 1981. Elevated levels of trichloroethylene,
chromium, zinc and barium were noted in both WDNR and GM samples from
the on-site monitoring wells. Results from these analyses and GM's
January 1981 sampling round were used by EPA in the Hazard Ranking
System (HRS) evaluation of the site performed in April 1983. The site
was placed on the National Priorities List on September 21, 1984.
Remedial Investigation and Feasibility Study (RI/FS)
RI field activities began in September 1988 and included two
phases. Activities included digging and sampling of four test pits,
installation of six monitor wells (three nests), hydraulic conductivity
testing, groundwater level monitoring and groundwater sampling. Phase
II activities included three additional test pits, an electromagnetic
survey to help determine the waste boundary and volume, waste/soil
borings and sampling, shallow soil borings, surface soil sampling, four
additional monitoring wells (two nests), and a second round of
hydraulic conductivity testing and groundwater sampling. The RI Report
describing these activities was finalized on March 1, 1990. An
Endangerment Assessment was also
[[Page 7875]]
prepared and was included as part of the RI Report.
The RI found that the waste/fill area covers approximately 3.4
acres and ranges from 0-23 feet in thickness with the deepest part of
the waste/fill area being approximately 10 feet above the groundwater
table. Sampling of the waste found the following:
--Toluene, ethylbenzene, xylenes at concentrations ranging from 3300
parts per billion (ppb) to 508,000 ppb. These compounds are volatile
organic compounds (VOCs).
--Phthalates ranging from 450 ppb to 630,000 ppb. Phthalates are semi-
volatile compounds associated with plastics and plastic making
processes.
--Polynuclear Aromatic Hydrocarbons (PAHs) ranging from 9520 ppb to
152,000 ppb. PAHs are semi-volatile compounds derived from coal and oil
tars and the incomplete combustion of carbonaceous materials.
--Nine metals were detected at elevated concentrations including
antimony, barium, copper, cadmium, chromium, lead, mercury, nickel and
zinc.
Groundwater sampling found several chlorinated benzene compounds
1.4 dichlorobenzene, 1,3 dichlorobenzene and chlorobenzene in down
gradient monitoring wells. The 1,4 dichlorobenzene concentration
exceeded the proposed Wisconsin Preventive Action Limit (PAL)
groundwater standard. The sampling found that the metals arsenic,
chromium, iron and manganese exceeded PALs and in the case of iron and
manganese, also exceed Wisconsin Enforcement Standards (ES).
A risk assessment was conducted and it was determined that there
was a possible carcinogenic (cancer causing) risk from groundwater if a
well was placed on the site and a noncarcinogenic risk to a
construction worker from inhalation of VOCs while digging in the waste.
It was also determined that there was a potential for erosion to
continue to degrade the present soil cover and if that occurred, a
trespasser at the site might encounter a risk similar to a construction
worker.
Record of Decision Findings
The ROD for the Wheeler Pit site was signed on September 28, 1990.
The number of alternatives considered for groundwater was reduced in
the Feasibility Study based on the levels of contaminants detected in
the groundwater and the limited areal extent of contamination. The
alternatives to address the ash/waste contamination were source control
actions which relied on natural attenuation to remedy the groundwater.
Remedial action objectives identified in the ROD for source control and
groundwater contamination were:
(1) Reduce the threat of direct contact with ash/waste
contamination.
(2) Reduce the amount of infiltration of water into the waste which
could lead to further groundwater contamination.
(3) Achieve Wisconsin PALs where technically and economically
feasible.
The major components of the source control remedy selected in the
ROD include the following:
(1) A muti-layer RCRA Subtitle D cap consisting of the following
layers from top to bottom: a 6-inch thick topsoil layer; a frost
protective soil layer at least 18 inches thick; a drainage layer and a
2-foot clay layer.
(2) Consolidation under the cap of 400 cubic yards of waste and
soil from the property north of the site.
(3) Institutional controls including deed restrictions and landfill
development restrictions.
The groundwater remedy consisted of monitoring wells to assess the
projected decrease in groundwater contamination. Monitoring wells were
to be sampled for at least 30 years. Private wells located down-
gradient of the site were also to be monitored to assess potential
impacts to human health.
Characterization of Remaining Risk
No additional response action(s) is required at the Wheeler Pit.
Those areas associated with groundwater and source control have been
adequately addressed by the response actions already taken. Wheeler Pit
meets all site completion requirements specified under OSWER Directive
9320.2-09A-P (Close Out Procedures for National Priorities List Sites).
Current site conditions are protective of human health and the
environment, both for the source control and the groundwater. Cleanup
objectives set forth in the RODs for this site and in the Consent Order
have been achieved.
Response Actions
EPA gave notice to proceed with the Remedial Action on May 21,
1992. A contract for remedial construction activities was awarded April
30, 1992 and on-site construction began on June 8, 1992. Remedial
construction included the following activities:
Consolidation of approximately 36,400 cubic
yards of material, including waste from property north of the site;
Installation of a Wisconsin Administrative Code
(WAC) No. 504 solid waste cap over the waste and consolidated material,
which included 2 feet of compacted clay, 1 foot gravel drainage layer
with geotexilte filter fabric, 1 and \1/2\ foot of soil for frost
protection and to serve as a rooting zone and 6-inches of topsoil;
Access road construction;
Retention basin construction;
Perimeter drainage swale construction;
Site clearing, stump removal and existing access
road abandonment;
Installation and also abandonment of groundwater
monitoring wells and implementation of a long-term groundwater
monitoring program.
A pre-final inspection was performed on October 27, 1992 and
construction was found to be substantially complete. A Construction
Completion Report was submitted by the PRPs in December 1992 and U.S.
EPA subsequently issued a Preliminary Close Out Report on December 29,
1992.
An Explanation of Significant Differences (ESD) was signed on June
16, 2003. The purpose of the ESD was to eliminate manganese as a site
contaminant of concern from the groundwater cleanup remedy selected by
EPA in its September 28, 1990 ROD. The elimination of manganese from
the site contaminants of concern was recommended in the September 18,
2002 Five Year Review for the Wheeler Pit Superfund site.
Cleanup Standards
The goal of the groundwater action will be to attain the
groundwater clean-up standards at the waste boundary of Wheeler Pit,
which is the suggested NCP point of compliance for groundwater. The
clean-up goals which have been established are state of Wisconsin PALS.
In the second Five-Year that was signed on September 18, 2002, with
regard to the review of chemical-specific ARARs, the standards for four
of the five chemicals of concern in the groundwater which exceeded PALs
at the time of the 1990 ROD (1,4 dichlorobenzene, arsenic, iron and
manganese) have not changed. The PALs remain at 15 micrograms per liter
([mu]g/l) for 1,4 dichlorobenzene, 5 [mu]g/l for arsenic, 150 [mu]g/l
for iron, and 25 [mu]g/l for manganese. The PAL for chromium has become
less stringent at 10 [mu]g/l versus 5 [mu]g/l at the time of the ROD
signing. Manganese is the only site contaminant of concern which
exceeds PALs at this time. An ESD was signed on June 16, 2003 which
eliminated manganese as a site contaminant of concern.
Operation and Maintenance
General Motors is conducting operation and maintenance activities
for
[[Page 7876]]
the landfill and the long-term groundwater monitoring in accordance
with the Unilateral Administrative Order. The primary activities
associated with the O & M include the following:
Routine mowing of the landfill cover;
Visual inspection of the landfill cover for
damage due to erosion, washouts, settling, growth of trees or large
plants, growth of noxious weeds and burrowing animals;
Inspection of monitoring wells for well casing
damage, surface seal damage, missing or broken locks, vandalism, well
screen damage and sediment;
Inspection of the landfill storm water control
system which consists of perimeter swales, roadside swales, culverts,
and the storm water retention pond. The inspection includes inspecting
for damage from erosion, sediment accumulation in swales or culverts,
settlement, riprap integrity, distressed vegetation, growth of trees or
large plants, growth of noxious weeds and burrowing animals;
Inspection of perimeter fence for damage from
cuts or sagging, bent or damaged fence gates and posts, excessive gaps
between ground and fence bottom, missing locks and signs, cut barbed
wire and tree branches encroaching on the fence and;
Inspection of the site access road for damage
due to erosion, settlement or grading activities.
Five-Year Review
A second five-year review for the Wheeler Pit was conducted on
September 18, 2002. The report recommended that manganese should be
deleted from the site contaminants of concern. An Explanation of
Significant Differences (ESD) to the ROD decision document was signed
on June 16, 2003. The ESD also established the extent and frequency of
future groundwater monitoring to be performed at the site.
Community Involvement
Public participation activities have been satisfied as required in
CERCLA section 113(k), 42 U.S.C. 9613(k), and CERCLA section 117, 42
U.S.C. 9617. Documents in the deletion docket which EPA relied on for
recommendation of the deletion of this Site from the NPL are available
to the public in the information repositories.
V. Deletion Action
The EPA, with concurrence of the State of Wisconsin, has determined
that all appropriate responses under CERCLA have been completed, and
that no further response actions, under CERCLA are necessary.
Therefore, EPA is deleting the Site from the NPL.
Because EPA considers this action to be non-controversial and
routine, EPA is taking it without prior publication. This action will
be effective April 20, 2004 unless EPA receives adverse comments by
March 22, 2004. If adverse comments are received within the 30-day
public comment period, EPA will publish a timely withdrawal of this
direct final notice of deletion before the effective date of the
deletion and it will not take effect. EPA will prepare a response to
comments and, as appropriate, continue with the deletion process on the
basis of the notice of intent to delete and the comments already
received. There will be no additional opportunity to comment.
List of Subjects in 40 CFR Part 300
Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
Dated: February 4, 2004.
Thomas V. Skinner,
Regional Administrator, Region V.
0
For the reasons set out in this document, 40 CFR part 300 is amended as
follows:
PART 300--[AMENDED]
0
1. The authority citation for part 300 continues to read as follows:
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR
2923, 3 CFR, 1987 Comp., p. 193.
Appendix B--[Amended]
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2. Table 1 of Appendix B to Part 300 is amended under Wisconsin ``WI''
by removing the entry for ``Wheeler Pit, La Prairie Township.''
[FR Doc. 04-3599 Filed 2-19-04; 8:45 am]
BILLING CODE 6560-50-P